Robert Hopkins, a county employee for nearly six years, filed a civil rights lawsuit Monday, claiming the county policies violate his constitutional rights and should be reversed.

“Defendant’s intentional exclusion of lesbian and gay public employees, including plaintiff, from (the benefits) purposefully singles out a minority group that historically has suffered unjust and discriminatory treatment in law and society based on group members’ sex and sexual orientation,” the suit reads.

But that ruling does not mean legally married same-sex couples in Pennsylvania can collect Lehigh County benefits, because the county policy limits it to those with a marriage “between persons of the opposite sex.”

Hopkins’ lawsuit argues that policy is discriminatory and violates the 14th Amendment right to equal protection and due process without regard to sexual orientation or sex.

Commissioner Geoff Brace, one of two Democrats on the nine-person board, said he is awaiting a response from the legal department over how Jones’ ruling will affect employee benefits and county government in general.

“Regardless of legal department advice, I do support changing those policies which deny Lehigh County LGBT employees the same benefits as heterosexual employees,” Brace said. “I don’t need a lawyer to tell me what the right policy is.”

Commissioner Chairwoman Lisa Scheller, who voted against the same-sex benefits in the past, said she will await the outcome of the appeal process following Jones’ ruling but also said she will follow the law.

“Should this overturning of the ban end up becoming the law, then at the county level we’d certainly have to take that into consideration and follow what the law is,” she said.

Reached via telephone, Hopkins declined to comment while his lawsuit is ongoing.

Muller said he cannot comment on active litigation but that he supports providing benefits to same-sex spouses and will propose that commissioners do so during the 2015 budget process.

“On the issue itself, I support the benefits, and I hope to put it back in the budget,” Muller said. “And I hope the board, which will be at least a slightly different board then, will have a change of heart.”

Commissioner Scott Ott, one of the most vocal conservatives on the board and one of the votes against extending the benefits, is resigning effective May 30. Commissioners will accept applications for his replacement until June 9.

According to Hopkins’ lawsuit, the “opposite sex” limitation was added to the policy in 2012 for the “express purpose of depriving homosexual employees” of the same benefits provided for heterosexual employees.

Hopkins became legally married to his husband, Michael George, in Maine in June, and in July submitted a marriage certificate and enrollment application to the county for health care benefits.

Hopkins informed the county in December that George’s privately funded health insurance plan was to expire on Jan. 1, and the county told him George would be eligible for benefits from the county, according to the lawsuit.

But that was before Muller reversed Croslis’ executive order, and once that was done Hopkins was no longer permitted to seek benefits for his spouse, according to the suit.